HYPERTENSION

Summary

The Veteran, a Veteran who served from June 1965 to October 1968, appeals the denial of service connection for hypertension and aortic aneurysm. The Veteran claims hypertension is due to herbicide exposure in Vietnam, citing temporary duty assignments in November 1967. The Board found the Veteran's military personnel records, high performance evaluations, and consistent testimony regarding stressors, along with a positive VA nexus opinion, provided sufficient evidence to establish hypertension. The Board applied the benefit of the doubt doctrine, finding the evidence in approximate balance regarding herbicide exposure and hypertension. Service connection for hypertension was granted. The Veteran also claims aortic aneurysm secondary to hypertension. A December 2023 VA examiner provided a positive nexus opinion, linking hypertension to aortic aneurysm. The Board found the evidence in approximate balance for this secondary claim as well, granting service connection for the aortic aneurysm. The case involved a review of evidence submitted prior to the Board hearing and within 90 days following it, with the Board noting that the agency of original jurisdiction's denial was based on a narrow interpretation of service location verification.

Rationale

Veteran diagnosed with hypertension.; Hypertension is presumptively service-connected under PACT Act due to herbicide exposure.; Veteran served in Vietnam and claims exposure to Agent Orange.; Military records, performance evaluations, and testimony support claim.; Evidence found in approximate balance, resolving doubt in Veteran's favor.

Full Decision Text

Citation Nr: A26024338
Decision Date: 03/18/26	Archive Date: 03/18/26

DOCKET NO. 250825-568274
DATE: March 18, 2026

ORDER

Service connection for hypertension is granted pursuant to the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act).

Service connection for aortic aneurysm as a result of hypertension is granted.

FINDINGS OF FACT

1. The Veteran served on temporary duty orders in Vietnam from at least November 5th to November 8th, 1967.

2. Pursuant to the PACT Act, the Veteran's hypertension is presumptively related to his in-service exposure to herbicide agents.

3. The Veteran developed an aortic aneurysm as a result of his now service connected hypertension.

CONCLUSIONS OF LAW

1.  The criteria for service connection for hypertension are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

2.  The criteria for secondary service connection for aortic aneurysm are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from June 1965 to October 1968.

The rating decision on appeal was issued in August 2025 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. 

By way of history, the Veteran filed a new November 2023 claim seeking service connection for hypertension and aortic aneurysm. The agency of original jurisdiction (AOJ) issued a March 2024 rating decision denying the claim. The Veteran then filed a February 2025 supplemental claim which the AOJ denied again in August 2025. 

In the August 25, 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on December 8, 2025.

Therefore, the Board may only consider the evidence of record at the time of the August 2025 AOJ decision on appeal, as well as any evidence submitted by the Veteran at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801.

This matter has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.902(c). Therefore, the Board finds that the Veteran has implicitly waived his right to switch dockets pursuant to 38 C.F.R. § 20.202.

Service Connection

Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service.  38?U.S.C. §?1110; 38?C.F.R. §?3.303. 

Service connection is also warranted for disability proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). Such secondary service connection is warranted for any increase in severity of a nonservice-connected disability that is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(b).

Service connection can also be established based on herbicide agent exposure. 38 C.F.R. § 3.307(a)(6). If a veteran was exposed to an herbicide agent during active military, naval, or air service, certain diseases are presumed to be service connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even though there is no record of the disease during service, provided that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. 38 C.F.R. § 3.309(e). hypertension is listed as a disease associated with exposure to herbicide agents. 38 C.F.R.
(b).

Service connection can also be established based on herbicide agent exposure. 38 C.F.R. § 3.307(a)(6). If a veteran was exposed to an herbicide agent during active military, naval, or air service, certain diseases are presumed to be service connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even though there is no record of the disease during service, provided that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. 38 C.F.R. § 3.309(e). hypertension is listed as a disease associated with exposure to herbicide agents. 38 C.F.R. § 3.309(e).

1. Hypertension

The Veteran contends that he has hypertension as a result of exposure to an herbicide agent during his service in the Republic of Vietnam. 

The Board is bound by the AOJ's favorable finding that the Veteran is currently diagnosed with hypertension. 38 CFR § 3.104(c); August 2025 Rating Decision. 

The Board notes that hypertension is one of the listed diseases which are presumptively service connected when a Veteran was exposed to certain herbicide agents. 38 C.F.R. § 3.309(e). Here, the Veteran contends that while serving with a secret and a top secret security classification, he was temporarily assigned to work in Vietnam and was exposed to Agent Orange. See December 2025 Hearing Transcript; February 2025 Statement in Support of Claim. 

A December 2023 VA examiner rendered a positive nexus opinion. However, the AOJ denied the Veteran's claim because purportedly they could not verify that the Veteran had served in Vietnam. The Board notes that the July 2025 Records Research Response stated that it could not verify documented personnel or deployment to Monkey Mountain, Vietnam. However, they found that from "November 5th to November 8th, 1967, the 51st Fighter Interceptor Wing conducted missions to Tan Son Nhut Air Base, Vietnam and Cam Rahn Bay, Vietnam to resolve operation issues." Id. The Board did not find this information referenced by the AOJ in its August 2025 decision to deny service connection. Rather, the AOJ's decision appears to be based on the research response as to whether the Veteran served on Monkey Mountain, Vietnam alone. Id.

The Board has carefully reviewed the Veteran's evidence of record, including his sworn testimony, and finds no evidence to impugn his character. In fact, the Veteran's military performance records indicate that he had a secret and top secret security clearance, which tend to explain the lack of some records of his activity in Vietnam, and, he had very high performance evaluations during service. See Militar Personnel Records. He was certified several times for the Air Force Human Reliability Program. Id. While reviewing the Veteran's post service medical records, the Board found that the Veteran described stressors he experienced while serving in Vietnam several times over the course of many years, as well as answered "Vietnam" when asked whether he had foreign service. See e.g., Post Service VA Medical Records 2013-2022. 

Together with his credible testimony, the Board finds that the Veteran's evidence of record has provided enough facts that the evidence is at least in approximate balance as to whether the Veteran's hypertension is due to his exposure to an herbicide agent during service in the Republic of Vietnam. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc). Accordingly, service connection for hypertension pursuant to the PACT Act is granted. 38 C.F.R. §§ 3.307, 3.309. 

2. Aortic aneurysm

The Veteran contends that he developed an aortic aneurysm due to his now service connected hypertension.

The Board is bound by the AOJ's favorable finding that the Veteran is currently diagnosed with aortic aneurysm. 38 CFR § 3.104(c); See August 2025 Rating Decision.

A December 2023 VA examiner rendered a positive secondary nexus opinion. The VA examiner specifically found that hypertension is a well-known major risk factor for abdominal aortic aneurysm. Therefore, he found that Agent Orange exposure led to hypertension, which in turn caused aortic aneurysm. 

Because the Veteran is now service connected for hypertension, and based on the December 2023 VA examiner's opinion, the Board finds that the evidence is at least in approximate balance as to whether the Veteran's aortal aneurysm is the result of a service-connected hypertension. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc); 38 C.F.R. § 3